HomeMy WebLinkAboutPH 2 USE PERMIT 80-30 12-19-83A �jj- - /
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--
DATE:
TO:
FROM:
SUBJECT:
December 19, 1983
Honorable Mayor & City Council Members
Community Development Department
Appeal of Amendment No. 1 to
Tustin Commerce Center Phase
Burnett-Ehline Company
Discussion
Use Permit 80-3
II
PUBLIC HEARINGS
NO. 2
12-19-83
Inter—Cons
The City Council, at its meeting on December 5, 1983, appealed the subject
proposal which was approved by the Planning Commission on November 28,
1983. Attached for Council consideration are copies of original documents
submitted as evidence for Planning Commission consideration in their
determination. The applicant's representative, Mr. Phillip Schwartze, Yice
President, Phillips, Brandt, Reddick, and the property owner,
Burnett-Ehline Company, have been informed of the Council appeal and will
be present at the meeting to address Council's concerns.
Included within Planning Commission approval of the project was a request
for Council/Redevelopment Agency consideration of permitting a vehicular
driveway along the Newport Avenue frontage of this site. Presently, a
Class 1, off-street bike trail parallels Newport Avenue and prohibits
vehicular crossing. While exceptions to this rule have been granted in the
past, the City Engineer recommends against any further uncontrolled
crossings which would jeopardize the integrity of the off-street bike trail
system.
Staff will be prepared at the hearing to address Council concerns.
Recommendation
Pleasure of the Council.
Don d D. Lamm
Director of Community Development
DDL:jh
Attachments: Planning Commisson Staff Report - 11-28-83
Project Location Map
Fiscal Impact Report
Negative Declaration
Exhibit A: "Conditions of Approval"
Signed Resolution No. 2124, Amended
Planning Commission Minutes - 11-28-83
r
Report to the
Planning Commission
NOVEMBER 28, 1983
SUBJECT: Amendment No. 1 to Use Permit No. 80-3
APPLICANT: Burnett-Ehline Company
PUBLIC HEARING NO. 2
LOCATION: 18352-18376 Irvine Boulevard (southwesterly corner of Irvine
Boulevard and Newport Avenue)
ZONE: (PC) Planned Community -Commercial
ENVIRONMENTAL STATUS: An application has been filed for a Negative
. Declaration of Environmental Impact
REQUEST: Authorization to construct a two-story office and commercial -retail
building
BACKGROUND
The Burnett-Ehline Company,. project applicant, received approval of Use Permit
80-3 in 1980 to construct a three-story office building located at the
southeasterly corner of Holt Avenue and Irvine Boulevard. Recently, the
applicant acquired adjoining property and wishes to now develop a Phase II
project bounded by Irvine Boulevard, Holt Avenue and Newport Avenue. Approval
to construct Phase II is being sought by amending the original Use Permit
No. 80-3.
DEVELOPMENT PROPOSAL
The applicant proposes to demolish an existing 10,490 square foot one-story
commercial building and construct a two-story 17,539 square foot office and
commercial retail building. Intended occupants would consist of a branch
savings and loan totalling 5,000 square feet and retail uses totalling 2,814
square feet on the first floor, with unspecificed office uses totally 9,377
square feet on the second floor. The site plans submitted and attached to this
transmittal indicate 299 parking spaces provided overall to accommodate the
Phase I office building, Don Jose restaurant, and Phase II office/retail
building. Total parking provided will comply with zoning regulations if
reciprocal access easements are recorded allowing full usage of the common
parking area by all three building tenants. Vehicular access to the project.
will be provided along Holt Avenue and Irvine Boulevard and not permitted along
Newport Avenue due to an off-street bicycle trail.
Community Development Department
Amendment No. 1 to Use Permit 80-3
November 28, 1983
Page 2
Building elevations submitted conceptually indicate a similar architecture for
Phase II as that used in Phase I construction. Both reflective and black glass
exteriors will be utilized along second floor elevations with brick veneer, used
along first floor elevations. The proposed architecture is preferred to
highlight the overall planned commercial development concept.
ISSUE ANALYSIS
Staff supports the recycling of underdeveloped properties into efficient,
attractive land uses such as that proposed by this applicant. However, staff is
concerned that the majority of the subject building will be occupied by office
uses rather than retail commercial. Overall, a 10,490 square foot commerical
center will be replaced with only 2,814 square feet of retail use.
Recognizing staff's concerns, the applicant retained the firms of PBR Phillips,
Brandt, Reddick and Stanley R. Hoffman Associates for project procesing and
fiscal impact analysis. Mr. Hoffman's analysis of the project, also attached to
this transmittal, specifically projects tax revenue from existing land uses
versus those resulting from the new project construction. While staff could
debate the analysis methodology, we do agree that the new project should produce
equal revenue income to that generated by the few sales taxable businesses in
the existing center. Philosophically, a new 17,000 square foot retail center
would be more preferred for this location. However, since such a project has
not materialized, staff supports this application as submitted.
RECOMMENDATION
That the Planning Commission take the following actions:
1. Approve by Minute Order staff's filing of a negative declaration of
environmental impact.
2. Approve by adoption of Resolution No. 2124, Amendment No. 1 to Use Permit
No. 80-3, subject to the conditions in attached Exhibit "A".
Donald D. 4LILn6nm2
Director of Community Development
Attachments: Project Location Map
Site Plan and Elevations
Fiscal Impact Report
Negative Declaration
Exhibit A: Conditions of Approval
Resolution No. 2124
Community Development Department
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Department of Community Development
October 21, 1983 Amendment 1 to UP 80-3
ate File Number
SUBJECT: Negative Declaration - Environmental Impact Report
TO: Addresses
Reference: Section 15083, Chapter 3, Division 6, Title 14,
California Administrative Code
PROJECT TITLE• Amendment to Use Permit 80-3
PROJECT DESCRIPTION:
Demolish old
commercial
center and
replace with
17,000 square
foot building
for office
and retail
uses.
LOCATION: 18352 through 18376 Irvine Boulevard
PROJECT PROPONENT: Burnett Ehline Co.
Upon review and assessment of the facts and circumstances of the above
described project, based upon the findings of the Initial Study, attached
hereto, a finding is made that the project will not have a significant
effect on the environment and is granted a Negative Declaration from the
requirement for an Environmental Impact Report.
MITIGATING MEASURES (if any): Building plans, plotting and location
will be carefully reviewed by architect and city staff to min-
imize any potential problems of reflection.
(/2" � CL
v
ISignature)
Community Development Director
300 Centennial Way • Tustin, California 92680 • (714) 544-8890
Exhibit 'A"
Conditions of Approval
Amendment No. 1 to Use Permit 80-3
1. Construction of any missing or damaged street improvements shall be required
along the Newport Avenue and Irvine Boulevard frontages and indicated on
public improvement plans. These improvements will include but are not
limited to the following:
a. curb and gutter;
b. sidewalk;
C. driveway aprons;
d. street trees; and
e. marbelite street lights with underground conduit.
2. Dedication of 10 feet of right-of-way or an irrevocable offer of dedication
for same across the Irvine Boulevard frontage of A.P. 401-283-02 will be
required.
3. A parcel map to consolidate lots identified by Assessor's Parcel Numbers
401-283-01, 02, 03, and 04 shall be recorded prior to a certificate of
occupancy being issued for Phase II construction. A map consolidating lots
identified by Assessor's Parcel Nos. 401-283-02, 03 and 05 shall also be
recorded.
4. The northerly portion of Assessor's Parcel Number 401-283-02 requires.
annexation to the Orange County Street Lighting Maintenance District No. 6.
Completed annexation forms shall be filed with the City.
5. A grading plan will be required for review and approval prior to issuance of
a grading permit.
6. Orange County Sanitation District No. 7 connection fees in the amount of
$50.00 per 1,000 square feet of floor area will be required at the time a
building permit is issued.
7. Payment'of East Orange County Water District fees will be required at the
time a building permit is issued.
S. Continuous 6" concrete curbs shall be provided along landscape planters
adjacent to parking spaces and drive aisles.
9. A comprehensive signing plan shall be approved by the Community Development
Department prior to installation of any building or free-standing signing.
10. A landscape plan shall be submitted to the Community Development Department
for review and approval prior to installation of any landscape material.
Said plan shall include:
a. location, size and species of all specimen trees, shrubs and
vegetative ground cover;
b. soil amendment specifications to insure proper plant growth.
Community Development Department
Page 2
Exhibit "A"
Page 2
11. An irrigation plan shall be submitted to the Community Development Department
for review and approval prior to installation of any irrigation system. Said
plan shall include location and description of the following:
a. point of connection;
b. back flow prevention device(s);
C. location and types of valves;
d. location and sizes of piping;
e. sprinkler head types, locations and manufacturer model number.
f. automatic sprinkler controller location and specifications.
12. All drain down spouts and access ladders shall be placed within the building
structure.
13. Wheelchair and handicap access shall be installed on-site and off-site in
accordance with the State of California and City of Tustin Building
Department standards.
14. On-site security lighting shall be arranged so that direct rays will not
shine on adjacent properties or produce glare for street traffic. All
roof -mounted equipment, such as heating and air conditioning units, shall be
completely screened from public view by architecturally compatible screening
material., subject to the approval of City Staff.
15. The common trash container enclosures shall be constructed of a minimum
six-foot (6') high concrete block wall with solid gates to block the view of
trash bins.
16. The developer shall comply with all construction requirements of the Orange
County Fire Marshal's office which includes installation of necessary fire
extinguishers, on-site private fire hydrants and fire sprinkler system.
17. In consideration of displacing existing retail commercial businesses, a
convenant shall be recorded with the property subject to termination only
upon approval by the City of Tustin, restricting the use of a minimum 2,000
square feet of first floor building area to only those commercial retail uses
maintaining a State Board of Equalization resale tax number. A minimum of
fifty percent of an individual commercial retail business gross annual income
shall be subject to California sales tax.
18. Reciprocal vehicular access and parking easements shall be recorded allowing
full usage of the common parking area by all three building tenants. Said
easements shall be recorded prior to a certificate of occupancy being issued
for Phase II.
19. All applicable conditions of approval included in Use Permit No. 80-3 are
hereby included in this approval of Amendment No. 1 to said Use Permit for
construction of -the Phase II office and commercial retail building:
Community Development Department
W
Page 3
Exhibit "A"
Page 3.
FEES REQUIRED FOR IMPROVEMENTS
1. Subdivision map filing fees
2. Sanitary sewer connection fee (per Orange County Sanitation District No. 7)
3. New development tax
4. Advanced street light energy charges
5. All applicable Building Department fees
6. All applicable Engineering Department fees
7. All applicable Water District fees
Community Development Department
RESOLUTION NO. 2124
A RESOLUTION OF THE PLANNING COMMISSION OF THE
1 CITY OF TUSTIN, CALIFORNIA, APPROVING AN AMENDMENT
TO USE PERMIT NO. 80-3 AUTHORIZING THE DEVELOPMENT
2 OF A 17,740 BUILDING ADDITION IN THE COMMERCIAL/
PROFESSIONAL CENTER BOUNDED BY IRVINE BOULEVARD,
3 HOLT AVENUE AND NEWPORT AVENUE
4 The Planning Commission of the City of Tustin does hereby resolve as
follows:
5 I. The Planning Commission finds and determines as follows:
6 1. That a proper application, (Amendment No. 1 to Use
7 Permit 80-3) has been filed by the Burnett-Ehline
Company to develop a 17,400 square foot
8 commercial/office building at the center bounded by
Irvine Boulevard, Holt Avenue and Newport Avenue.
9 2. That a public hearing was duly called, noticed and
10 held on said application.
11 3. That establishment, maintenance, and operation of the
use applied for will not, under the circumstances of
12 this case, be detrimental to the health, safety, morals,
comfort, or general welfare of the persons residing or
13 working in the neighborhood of such proposed use,
evidenced by the following findings:
14
a. The use is in conformance with the Tustin Area
15 General Plan and with use and application procedures
of the Zoning Code (Sections 9232a, 9244e2(c)) and
16 Ordinance No. 884.
17
4. That the establishment, maintenance, and operation of
the use applied for will not be injurious or detrimental
18
to the property and improvements in the neighborhood of
the subject property, nor to the general welfare of the
19
City of Tustin as evidenced by compliance with the
City's Zoning and Development standards.
20
5. Proposed development shall be in accordance with the
21
development policies adopted by the City Council,
Uniform Building Codes as administered by the Building
22
Official, Fire Code as administered by the Orange County
Fire Marshal and street improvement requirements as
23
adminstered by the City Engineer.
24
6. A Negative Declaration of environmental impact is
hereby approved in accordance with the California
25
Environmental Quality Act.
26
7. Final development plans shall require the review and
approval of the Community Development Department.
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Resolution No. 2124
Page 2
II. The Planning Commission hereby approves Amendment No. 1
to Use Permit No. 80-3 to authorize the development of a
17,740 square foot commercial/office building as applied
for, subject to the following conditions:
1. The final site plan shall be standardized and reflect
all appropriate City standard drawing numbers. The
developer shall construct all missing or damaged
street improvements to said development per the City
of Tustin "Minimum Design Standards of Public Works"
and "Street Improvement Standards". This work shall
consist of, but is not limited to: curbs and gutters,
sidewalks, drive apron, street pavement, street trees
and marbelite street lights with underground conduit.
2. Dedication of 10 feet of right-of-way or an
irrevocable offer of dedication for same across the
Irvine Boulevard frontage of A.P. 401-283-02 will be
required.
3. A parcel map to consolidate lots identified by
Assessor's Parcel Numbers 401-283-01,02,03 and 04
shall be recorded prior to a certificate of occupancy
being issued for Phase II construction. A map
consolidating lots identified by Assessor's Parcel
Nos. 401-283-02,03 and 05 shall also be recorded.
4. The northerly portion of Assessor's Parcel Number
401-283-02 requires annexation to the Orange County
Street Lighting Maintenance District No. 6.
Completed annexation forms shall be filed with the
city.
5. A grading plan will be required for review and
approval prior to issuance of a grading permit.
6. Orange County Sanitation District No. 7 connection
- fees in the amount of $50.00 per 1,000 square feet of
floor area will be required at the time a building
permit is issued.
7. Payment of East Orange County Water District fees
will be required at the time a building permit is
issued.
8. Continuous 6" concrete curbs shall be provided along
landscape planters adjacent to parking spaces and
drive aisles.
IIResolution No. 2124
Page 3
1
9. A comprehensive signing plan shall be approved by the
Community Development Department prior to
2
installation of any building or free-standing
3
signing.
10. A landscape plan shall be submitted to the Community
4
Development Department for review and approval prior
to installation of any landscape material. Said plan
5
shall include:
6
a. location, size and species of all specimen trees,
shrubs and vegetative ground cover;
7
b. soil amendment specifications to insure proper
8
plant growth.
11. An irrigation plan shall be submitted to the
9
Community Development Department for review and
approval prior to installation of any irrigation
10
system. Said plan shall include location and
11
description of the following:
12
a. point of connection;
b. back flow prevention device(s);.
13
c. location and types of valves;
d. location and sizes of piping;
e. sprinkler head types, locations and manufactuer
14
model;
f. automatic sprinkler controller location and
15
specifications.
16 12. All drain down spouts and access ladders shall be
17 placed within the building structure.
18 13. Wheelchair and handicap access shall be installed
on-site and off-site in accordance with the State of
19 California and City of Tustin Building Department
standards.
20 14. On-site security lighting shall be arranged so that
21 direct rays will not shine on adjacent properties or
produce glare for street traffic. All roof -mounted
22 equipment, such as heating and air conditioning
units, shall be completed screened from public view
23 by architecturally compatible screening material,
subject to the approval of City Staff.
L4 15. The common trash container enclosures shall be
25 constructed of a minimum six-foot (6') high concrete
block wall with solid gates to block the view of the
26 trash bins.
27
28
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Resolution No. 2124
Page 4
16. The developer shall comply with all construction
requirements of the Orange County Fire Marshal's
office which includes installation of necessary fire
extinguishers, on-site private fire hydrants and fire
sprinkler system.
17. In consideration of displacing existing retail
commercial businesses, a convenant shall be recorded
with the property subject to termination only upon
approval by the City of Tustin, restricting the use
of a minimum 2,000 square feet of first floor
building area to only those commercial retail uses
maintaining a State Board of Equalization resale tax
number. A minimum of fifty percent of an individual
commercial retail business gross annual income shall
be subject to California sales tax.
18. Reciprocal vehicular access and parking easements
shall be recorded allowing full usage of the common
parking area by all three building tenants. Said
easements shall be recorded prior to a building
permit being issued for Phase II.
19. All applicable conditions of approval included in Use
Permit No. 80-3 are hereby included in this approval
of Amendment No. 1 to said Use Permit for -
construction of the Phase II office and commercial
retail building.
PASSED AND ADOPTED at a re ular meeting of the Planning Commission
held on the day of 1LrA&44X0g1983.
Janet Nester
Recording Secretary
James B. Sharp, Cha rman
STATE OF CALIFORNIA
COUNTY OF ORANGE
CITY OF TUSTIN
I, JANET NESTER, the undersigned, hereby certify that I am the
Recording Secretary of the Planning Commission 9f the City of
Tustin, California; that Resolution No. C,was duly
passed and adopted at a regular meeting o e ustin Planning
Commission, held on the day of 1TyMd2A&x_,, , 19 93 .
anet est r
Tustin Planning Commission Secretary
Planning Commission Minutes
November 28, 1983
Page 3
2. AMENDMENT NO. 1 TO USE PERMIT 80-3
Applicant: Burnett-Ehline Company
Location: Southwest corner of Irvine Boulevard and Newport Avenue
(18352-18376 Irvine Boulevard)
Request: Authorization to develop a 17,739 square foot retail
commercial and office building in conjunction with a
previously approved office structure.
Director Lamm presented staff's report and in response to questions from
Commissioner Ainslie, stated that access to the project was not provided
from Newport Avenue because of the bike trail.
Chairman Sharp opened the public hearing at 8:09 p.m. The following
person spoke in favor of the Amendment:
Mr. Phillip Schwartze, representative of the applicant, stated that
all conditions contained in the staff report dated November 28, 1983
were acceptable.
Seeing no one else wishing to speak, Chairman Sharp -closed the public
hearing at 8:11 p.m.
In response to questions from Chairman Sharp and Commissioner Ainslie,
Director Lamm explained Condition 917 (requirement for State Board of
Equalization resale tax number) and 918 (reciprocal parking and access
agreement) of Exhibit "A". After further discussion regarding an
entrance to the project from Newport Avenue, it was moved by Ainslie,
seconded by Weil, to approve Amendment No. 1 to Use Permit 80-3, n
concept with a recommendation to the City Council that an entrance be
provided from Newport Avenue in addition to access already provided.
Commissioner White requested an amendment to the motion, the maker of
the motion and the second agreed, that Condition 918 of Exhibit "A" be
changed to read that the reciprocal access and parking agreements be
recorded prior to issuance of building permits. Motion carried, 5-0.
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Architects
Orange
Senior Partner: Jack P. Selman
Partners: James A. Dietze, Jerry L. Kasparek
John C. Killen, James D. Mickartz, Ronald J. Wilson
Consulting Partner: Leland W. Stearns
TUSTIN COMMERCENTRE, PHASE II
TABULATIONS
SITE AREA:
BUILDING AREA:
1ST FLOOR:
BANK:
RETAIL:
CIRCULATION:
TOTAL:
2ND FLOOR:
TOTAL:
PARKING REQUIRED:
EXISTING RESTAURANT (243 SEATS AT 1/3 SEATS):
EXISTING 3 -STORY OFFICE (44480 SF AT 1/300 SF):
TOTAL:
APPROVED PARKING (3/14/83: TUSTIN CITY COUNCIL):
NEW 2 --STORY BUILDING:
BANK (5000 SF AT 1/300 SF):
RETAIL (2814 SF AT 1/200 SF):
CIRCULATION (548 SF AT 1/300 SF):
OFFICE (9377 ST AT 1/300 SF):
TOTAL:
PARKING PROVIDED
0.99 ACRES
(43054 SF)
5000 SF
X2814 SF-'-'
548 SF
8362 SF
9377 SF
17739 SF
81
148
229
235
17
14
2
31
299
REGULAR 210
HANDICAP: 5
COMPACT: 83 (27.8%)*
MOTORCYCLE: 1
TOTAL: 299
(* percentage of compact car parking reduced from 35% in Phase I)
144 North Orange Street Orange, California 92666 (714) 639-9860
64